Levin, Marianne --- "The harmonising decisions from Luxembourg" [2018] ELECD 1016; in Kur, Annette; Levin, Marianne; Schovsbo, Jens (eds), "The EU Design Approach" (Edward Elgar Publishing, 2018) 49

Book Title: The EU Design Approach

Editor(s): Kur, Annette; Levin, Marianne; Schovsbo, Jens

Publisher: Edward Elgar Publishing

ISBN: 9781785364136

Section: Chapter 3

Section Title: The harmonising decisions from Luxembourg

Author(s): Levin, Marianne

Number of pages: 32

Abstract/Description:

The chapter contains a summary report of the interpretations of the Community Design Regulation (EC) 2/2002 by the Court of Justice of the European Union. Since Case C-32/08 FEIA on the ownership of design rights and successor in title of 2 July 2009, around a dozen design judgments have been resolved, of which a majority relate to interpretations of the Regulation. The FEIA case is among those that are of special importance and value, where the Court has rendered autonomous EU-wide interpretations marking the trade-related dimension of design in the Community landscape. When that has happened, it appears preferably in support of a design approach with designers and their market in focus. Despite the fact that such interpretative declarations gain legal status and become binding on the Member States beyond the particular situation, they contribute to making design law discussed and analysed more among legal scholars and thus more clear.